ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 433
(Senators Helmick and Dempsey, original sponsors)
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[Passed April 9, 2005; to take effect July 1, 2005.]
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AN ACT to amend and reenact §22-1-9 of the Code of West Virginia,
1931, as amended, relating to the Environmental Protection
Advisory Council generally; increasing the membership of the
Council to eleven members; specifying the Governor's power of
appointment from named organizations and entities; making
certain procedural changes in Council activities; allowing
Council members to offer rule-making suggestions to the
Secretary upon majority vote of the members; and authorizing
appointment of technical advisory committees which will serve
without compensation.
Be it enacted by the Legislature of West Virginia:
That §22-1-9 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 1. DIVISION OF ENVIRONMENTAL PROTECTION.
§22-1-9. Environmental protection advisory council.
(a) There is created within the Department of Environmental
Protection the Environmental Protection Advisory Council. The
Environmental Protection Advisory Council consists of eleven
members. The Secretary serves as an ex officio member of the
Council and as its Chair. The remaining ten members are appointed
by the Governor. Each member serves for a term of four years and
may be reappointed. Members of the Council serving on the
effective date of this section shall continue to serve until their
terms expire or their successors have been appointed. Of the four
new members of the Council, two shall be appointed for a term
ending on the thirtieth day of June, two thousand eight, and two
shall be appointed for the term ending the thirtieth day of June,
two thousand ten. Vacancies on the Council shall be filled within
sixty days after the vacancy occurs.
(b) Any future appointments to the Council shall be
representative of the following entities. They are:
(1) One member of the Council shall be appointed from a list
of three names submitted to the Governor by the largest
organization representing manufacturing in this state and one
member of the Council shall be appointed from a list of three names
submitted to the Governor by the largest organization representing
the interests of coal producers in this state;
(2) One member of the Council shall be appointed from a list
of three names submitted to the Governor by the largest
organization representing farming interests in this state and one
member of the Council shall be appointed from a list of three names of registered foresters submitted to the Governor by the largest
organization representing the interests of private owners of forest
land in this state;
(3) One member of the Council shall be appointed from a list
of three names submitted to the Governor by the two largest
organizations representing environmental protection organizations;
(4) One member of the Council shall be appointed from a list
of three names submitted jointly to the Governor by the largest
organizations representing counties and municipalities in this
state;
(5) One member of the Council shall be appointed from a list
of three names submitted to the Governor by the largest
organization representing public service districts in this state;
(6) One member of the Council shall be appointed from a list
of three names submitted to the Governor by the largest
organization representing oil and gas producers in this state;
(7) One member of the Council shall be appointed from a list
of three names submitted to the Governor by the largest
organization representing coal miners in this state; and
(8) One member of the Council shall be appointed from a list
of three names submitted to the Governor by the West Virginia
Wildlife Federation
. In making subsequent appointments this
balance of membership shall be maintained.
(c)
Except for state employee and officer members, appointed
members shall be paid the same compensation and expense
reimbursement as is paid to members of the Legislature for their interim duties as recommended by the Citizens Legislative
Compensation Commission and authorized by law for each day or
portion thereof engaged in the discharge of official duties.
(d) The Council shall meet at least once every quarter at the
call of the Chair or at the request of any four members of the
Council in writing signed by the members requesting the meeting,
the Chair shall schedule a meeting. At least fifteen days prior to
a regularly scheduled meeting, or ten days in advance of a meeting
called by the Chair, the Secretary shall provide the members of the
Council with an agenda of all matters scheduled for discussion at
the meeting and copies of any rules the Secretary intends to
propose.
(e) The council shall:
(1) Consult with and advise the Secretary on program and
policy development, problemsolving and other appropriate subjects;
(2) Identify and define problems associated with the
implementation of the policy set forth in section one of this
article;
(3) Provide and disseminate to industry and the public early
identification of major federal program and regulatory changes;
(4) Provide a forum for the resolution of conflicts between
constituency groups;
(5) To the extent possible, strive for consensus on the
development of overall environmental policy;
(6) The council may, upon a majority vote of the members,
offer suggestions to the secretary for proposed new or amended legislative rules;
(7) Provide an annual report to the Joint Committee on
Government and Finance on or before the first day of January of
each year relating to its findings with regard to the Department's
performance during the previous year. The report will specifically
address the division's performance in accomplishing the ten
purposes set forth in subsection (b), section one of this article;
and
(8) Appoint technical advisory committees as may be necessary
to carry out the provisions of this section.
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